B.C.PATEL, P.B.MAJMUDAR
MUNICIPAL CORPORATION OF AHMEDABAD – Appellant
Versus
VIJAY OWNERS ASSOCIATION – Respondent
( 1 ) AGAINST the order made by the Auxilliary Chamber Judge ( Court No. 24), Ahmedabad on 8. 7. 98, this appeal is preferred by Ahmedabad Municipal Corporation (hereinafter to be referred to as "the Corporation" ).
( 2 ) RESPONDENT (hereinafter referred as "plaintiff") Vijay Owners Association Non Trading Corporation filed a Civil Suit No. 4980/94 against the Corporation for urgent orders. Notice of Motion was filed by the plaintiff for temporary injunction restraining the Corporation from implementing decision dated 12. 8. 94 and also restraining the Corporation, its agents, servants and persons from demolishing the construction till the final disposal of the suit. The learned Auxilliary Chamber Judge made an order below exh. 6 on 8. 7. 98, directing the parties to maintain status quo. The original plaintiff was also directed to file an undertaking that it would not carry out any further construction work in the disputed property till disposal of the suit and subject to that, temporary injunction in terms of para 13 (A) was granted till the disposal of the suit. The facts leading to the present proceedings, in brief are as under.
( 3 ) THE plaintiff
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